Section 38 in The Orissa Survey and Settlement Act, 1958
38. [Validation of past records and settlement of rent. [Substituted by Act No. 9 of 1966.]
(1)All records published in the course of proceedings relating to survey, preparation of record-of-rights or settlement of rent and all records maintained, before the date of commencement of this Act under the provisions of any law for the time being in force or any custom having the force of law or under orders of Government, shall be deemed to have been finally published or maintained under Sections 6-C, 12-B, 23 or 16, as the case may be, and all rents settled prior to the said date under any such law, custom or order, as aforesaid, shall be deemed to be settled under this Act.(2)The other provisions of the Act shall, mutatis mutandis apply to all such records and rents so settled.Explanation. - For the purpose of the application of Sections 6D, 15, 25 and 42 of the date of final publication shall be taken to be the date of commencement of the Orissa Survey and Settlement (Amendment) Act, 1965.(3)Notwithstanding anything in the foregoing sub-sections no proceedings shall be maintainable -(a)under Section 6-D, 15 or 25 if the record or any entry therein or the settlement of rent had, prior to the date of commencement of the Orissa Survey and Settlement (Amendment) Act, 1965, been-(i)subject to the revision by the Board of Revenue; or(ii)after being made, further considered by any authority in accordance with any law or under orders of Government; or(iii)subject to any decision by a Civil Court; or(b)under Section 42 if the matter had been in issue in a previously instituted suit in a Civil Court.]
